Summary

Request for a preliminary ruling from the Grondwettelijk Hof (Constitutional Court, Belgium)

( Reference for a preliminary ruling - Internal market for electricity - Regulation (EU) 2022/1854 - Emergency intervention to address high energy prices - Cap on market revenues obtained by electricity producers using certain energy sources - Article 7(1)(e) - Biomass fuel (solid or gaseous biomass fuels), excluding biomethane - Interpretation - Validity in the light of Articles 20 and 21 of the Charter of Fundamental Rights of the European Union - Article 6(1), Article 7(1)(e) and Article 8(1)(b) and (2) - Application of the cap of EUR 180/MWh of electricity produced to revenues from the sale of electricity produced from biomass fuels - Option or obligation for Member States to provide for a higher price cap - Validity in the light of Articles 20 and 21 of the Charter of the principles of legal certainty and the protection of legitimate expectations and the obligation to state reasons - First sentence of Article 7(3) - Option for Member States not to apply the cap to electricity generation facilities with an installed capacity of up to 1 MW - No progressivity or possibility of providing for an exception depending on the installed capacity of the facility concerned - Validity in the light of Articles 20 and 21 of the Charter - Article 6(1) - Levy of 100% on surplus revenues - Validity in the light of Article 17 of the Charter - Article 6(1) and Article 8 - Possibility for Member States to introduce a cap lower than EUR 180/MWh - National legislation introducing a cap of EUR 130/MWh - Conditions - Interpretation - Validity in the light of Articles 16 and 17 of the Charter - Article 2(5) and Article 6(1) - Determination of 'market revenues' - National legislation providing for the use of irrebuttable or partly rebuttable presumptions - Differentiation between producers of electricity from nuclear energy and producersof electricity from other sources - Interpretation - Validity in the light of Articles 17, 20 and 21 of the Charter - Article 6(1), Articles 7 and 8 and Article 22(2)(c) - Cap on revenues applied on a date earlier than that laid down by Regulation 2022/1854 - Interpretation - Validity in the light of the principles of legal certainty, the protection of legitimate expectations, non-retroactivity and energy solidarity and Article 17 of the Charter - Maintenance of the effects of national legislation held to be incompatible with EU law - Conditions )